(SS) Cross v. Commissioner of Social Security, No. 1:2023cv00424 - Document 20 (E.D. Cal. 2023)
Court Description: ORDER ADOPTING Findings and Recommendations and GRANTING Plaintiff's Motion for Attorney Fees Under the Equal Access to Justice Act 17 , 19 signed by District Judge Ana de Alba on 10/20/2023. (Lundstrom, T)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DONNA CROSS, 12 13 14 15 16 No. 1:23-cv-00424-ADA-HBK Plaintiff, v. KILOLO KIJAKAZI, acting Commissioner of Social Security, ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING PLAINTIFF’S MOTION FOR ATTORNEY’S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (ECF Nos. 17, 19) Defendant. 17 Plaintiff Donna Cross initiated this action seeking judicial review of a final decision of the 18 Commissioner of Social Security. (ECF No. 1.) This matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302(c)(15). 20 On September 18, 2023, the assigned Magistrate Judge issued findings and 21 recommendations, recommending that Plaintiff’s motion for attorney’s fees and costs pursuant to 22 the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §§ 1920, 2412, be granted. (ECF No. 19.) 23 The findings and recommendations contained notice that any objections thereto were due within 24 fourteen days after service. (Id. at 1, 3.) As of the date of this Order, no objections have been filed 25 and the deadline for doing so has passed. 26 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), the Court has conducted a 27 de novo review of this case. Having carefully reviewed the entire file, the Court concludes that the 28 Magistrate Judge’s findings and recommendations are supported by the record and proper analysis. 1 Accordingly, 2 1. The findings and recommendations issued on September 18, 2023, (ECF No. 19), are 3 ADOPTED in FULL; 4 2. Plaintiff’s Motion for Attorney’s Fees, (ECF No. 17), is GRANTED; 5 3. The Commissioner is directed to pay to Plaintiff as the prevailing party EAJA fees in 6 the amount of $8,011.74 in attorney’s fees and expenses, and $402.00 in costs. Unless 7 the Department of Treasury determines that Plaintiff owes a federal debt, the 8 government shall make payment of the EAJA fees to Plaintiff’s counsel, Melissa 9 Markos Nyman, in accordance with Plaintiff’s assignment of fees; and 10 4. Whether the payment of attorney’s fees is made payable to Plaintiff or her counsel, the check will be mailed to Plaintiff’s counsel’s mailing address at: 11 12 Melissa Markos Nyman Nyman Turkish, PC 3009 Douglas Blvd., Suite 200 Roseville, CA 95661. 13 14 15 16 17 18 IT IS SO ORDERED. Dated: October 20, 2023 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2
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